State ex rel. Ivie v. Ewing
Supreme Court of Missouri
Appeal from Scbuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Tbe court erred in charging Ewing with tbe value of tbe 24 shares of bank stock at tbe time of tbe trial in November, 1911, value $4100 plus $1844 dividends, in all $5944, for the twenty-four shares of stock. According to the judgment of January 11, 1904, the court found the balance due from the administrator to be $9160.96; this included the twenty-four shares of stock at par.
Read the full summary
Appeal from Scbuyler Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Tbe court erred in charging Ewing with tbe value of tbe 24 shares of bank stock at tbe time of tbe trial in November, 1911, value $4100 plus $1844 dividends, in all $5944, for the twenty-four shares of stock. According to the judgment of January 11, 1904, the court found the balance due from the administrator to be $9160.96; this included the twenty-four shares of stock at par. Plaintiffs had the option to take the shares if they so desired. The court, at the same term modified this judgment by allowing the administrator…
1Opinion of the Court
*337OPINION.
BOND, J.
(After stating the facts as above.)—
I
Distribution,
The appellants complain of the findings by the conrt that the administration was indebted for the market value of twenty-four shares of bank stock at the time of the judgment. There is no merit in this contention. The additional abstract of respondents discloses that their petition was amended on the trial by interlineation, so as to charge that the twenty-four shares of bank stock in the hands of the administrator had a market value of $181 per share. The evidence of this fact was not attempted to be controverted. The only…
2Cases cited4 opinions
- Tower v. Compton Hill Improvement Co.Supreme Court of Missouri · 1905
- Peters v. BerkemeierMissouri Court of Appeals · 1908
- Julian v. WrightsmanSupreme Court of Missouri · 1881
- Madden's Heirs v. Madden's AdministratorSupreme Court of Missouri · 1858